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NOTE:

IN ACCORDANCE WITH PROVISIONS OF THE ARIZONA REVISED STATUTES AND THE FLAGSTAFF CITY CHARTER THE SUMMARIZED MINUTES OF CITY COUNCIL MEETINGS ARE NOT VERBATIM TRANSCRIPTS.  ONLY THE ACTIONS TAKEN AND DISCUSSION APPEARING WITH QUOTATION MARKS ARE VERBATIM.  AUDIO RECORDINGS OF CITY COUNCIL MEETINGS ARE ON FILE IN THE CITY CLERK’S OFFICE.

 

 

SUMMARIZED MINUTES

COUNCIL MEETING

 

January 3, 2006

6:00 p.m.

 

 

A Meeting of the Flagstaff City Council was held on January 3, 2006 convening at 6:16 P.M., in the Council Chambers at City Hall, 211 West Aspen Avenue, Flagstaff, Arizona.

 

 

CALL TO ORDER

 

The Meeting was called to order by Mayor Donaldson.

 

 

1.      PLEDGE OF ALLEGIANCE

 

Councilmember Haughey asked those present to stand for the Pledge of Allegiance.

 

 

2.      INVOCATION

 

Councilmember Haughey led a moment of silence.

 

 

3.      ROLL CALL

 

On roll call, the following were present:

 

 

 

Mayor Donaldson

 

Vice-Mayor White - Excused

Councilmember Babbott - Excused

Councilmember Cooper

Councilmember Haughey

Councilmember Kelty

Councilmember Silva

 

 

 

Also present were:

 

 

 

Acting City Manager, Jim Wine

City Attorney, Patricia Boomsma

 

 

4.       MINUTES

 

 

None.

 

 

5.       PUBLIC PARTICIPATION

 

 

None.

 

 

Items Taken Out of Sequence

 

 

10.     ORDINANCES AND RESOLUTIONS

 

 

G.

Consideration of Resolution No. 2006-01:  A resolution of the City Council of the City of Flagstaff, Arizona, ordering and calling a 2006 mail ballot General Election; and submitting to the voters, for their approval or rejection, questions relating to elimination of the sunset clause on the city sales tax, an increase in the City’s permanent base expenditure limitation, exemption of workforce housing projects from the expenditure limitation contained in the Flagstaff City Charter, Amendment No. 2; and an increase in the transit tax and elimination of the sunset clause; providing for and giving notice of such elections; and declaring an emergency.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-01 by title only.

Adopt Resolution No. 2006-01.

 

 

Mary Jo Jenkins, Finance Director, gave a brief introduction to the ballot issues regarding the sunset clause on the city sales tax and an increase in the City’s permanent base expenditure limitation.

 

 

Margie Brown, City Clerk, briefly reviewed the proposed resolution and the four propositions planned for the 2006 mail ballot General Election.

 

 

Jeff Meilbeck, Coconino County Transit Manager, gave an overview of the proposed increase in the transit tax and elimination of the sunset clause in the upcoming election, and also reviewed the five-year transit plan.

 

 

Mr. Meilbeck explained the need to increase the transit tax by .33% (0.0033) instead of by .25% (0.0025) as originally planned, and stated that the fares to ride the bus will remain the same as today’s fares over the five-year plan period.

 

 

Barbara Goodrich, Budget Manager, provided additional information regarding the need to request an increase in the City’s permanent base expenditure limitation.

 

 

Community Investment Director Michael Kerski, presented on the proposed exemption of workforce housing projects from the expenditure limitation contained in the Flagstaff City Charter, Amendment No. 2. 

 

 

Councilmembers opposed to the workforce housing element of the ballot question cited the following concerns:

 

 

 

·        

It is premature to vote on this issue as Council has not yet received the final report from the Community Housing Policy Task Force.

 

 

·        

The community needs to determine how much government should be involved in housing before a Charter amendment is requested.

 

 

·        

This amendment opens the door and the checkbook of the City making it a housing developer.

 

 

·        

Private industry needs to build affordable housing, and the City can assist in the areas of zoning, permits, incentives, and costs through a land trust fund.

 

 

Councilmembers in favor of the workforce housing element of ballot question gave the following arguments:

 

 

 

·        

The community supports affordable housing and the City needs to be involved.

 

 

·        

The election process will provide the platform for public discussion and education.

 

 

·        

Current City projects are already reaching the expenditure limitations, with construction costs rising rapidly.

 

 

·        

This proposition will not remove any decisions from citizens, but will provide the Council the ability to be more effective with the City’s resources.

 

 

·        

A lot of time, energy, and money have gone into getting the land trust program going, and those projects could be limited without this question going to the voters at this time.

 

 

·        

Most facilities being built today could not be built with the current one million dollar cap.

 

 

·        

This amendment in no way opens the City’s checkbook; it gives no authority beyond the ability to allow projects of a certain valuation.

 

 

·        

It is more responsible to raise the limit in order to take advantage of opportunities for workforce housing and less responsible to keep a limit in place that made sense in 1984, but not now.

 

 

·        

Currently, the City would have to go to the voters for every project over one million dollars if the City owned the land, as in land trust projects, even if a private developer were funding the development.

 

 

Councilmember Kelty moved to read Resolution No. 2006-01 with an amendment to eliminate the paragraph in Section 2 relating to Proposition 404, and to amend Proposition 403 by changing the transaction privilege tax rate from .25% ($0.0025) to .33% ($0.0033).  The motion was seconded by Councilmember Haughey and passed on unanimous roll call vote as follows:

 

 

Mayor Donaldson

Aye

 

Councilmember Cooper

Aye

 

Councilmember Haughey

Aye

 

Councilmember Kelty

Aye

 

Councilmember Silva

Aye

 

 

Title was read as follows:

 

 

 

Resolution No. 2006-01

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, ordering and calling a 2006 mail ballot General Election; and submitting to the voters, for their approval or rejection, questions relating to elimination of the sunset clause on the city sales tax, an increase in the City’s permanent base expenditure limitation; and an increase in the transit tax and elimination of the sunset clause; providing for and giving notice of such elections; and declaring an emergency.

 

 

 

Councilmember Haughey moved to adopt, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

 

 

Councilmember Haughey moved to reconsider Resolution No. 2006-01, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

 

Councilmember Haughey moved to read Resolution No. 2006-01 with an amendment to eliminate the paragraph in Section 2 relating to Proposition 404, to amend Proposition 403 by changing the transaction privilege tax rate from .25% ($0.0025) to .33% ($0.0033), to eliminate the following phrase from the title, “exemption of workforce housing projects from the expenditure limitation contained in the Flagstaff City Charter, Amendment No. 2”, to change the fourth “whereas” clause to remove “(3) exempt workforce housing from the expenditure limitation in Amendment No. 2 to the Charter for the City of Flagstaff”, and change (4) to (3).  The motion was seconded by Councilmember Silva, and passed on unanimous vote.

 

 

Title was read as follows:

 

 

Resolution No. 2006-01

 

 

 

 

A resolution of the City Council of the City of Flagstaff, Arizona, ordering and calling a 2006 mail ballot General Election; and submitting to the voters, for their approval or rejection, questions relating to elimination of the sunset clause on the city sales tax, an increase in the City’s permanent base expenditure limitation; and an increase in the transit tax and elimination of the sunset clause; providing for and giving notice of such elections; and declaring an emergency.

 

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-01, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

 

A.

Consideration of Resolution No. 2006-03:  A resolution approving a pre-annexation and development agreement between Big Corner, LLC and the City of Flagstaff, Arizona.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-03 by title only.

Adopt Resolution No. 2006-03.

 

 

Councilmember Haughey moved to read Resolution No. 2006-03 by title only, seconded by Councilmember Silva.

 

 

Neil Gullickson, Development Services Division, stated he would like to review 10A, 10B, 10C, 10D, and 10E all at the same time since they all deal with Schultz Pass Meadows subdivision.

 

 

Mr. Gullickson explained that Resolution No. 2006-03 addresses the pre-annexation and development agreement between Big Corner, LLC and the City of Flagstaff.  In response to Council’s request for language identifying public access to the interior roadways, language was added to Section 8.1 of the development agreement.  The language reads as follows:

 

 

 

8.1

All interior roads within the subdivision shall be open to the public without restriction or condition.  Gates, guardhouses, or other devices or structures may not be used on any street within the subdivision to impede public access in contravention of this provision.

 

 

At the Special Council meeting of December 13, 2005, Council encouraged language requiring a deed restricting Parcel B to permanent affordability.  Staff believes that the language in the third paragraph of Ordinance No. 2005-28 ensures permanent affordability and does not limit staff to one tool in the affordable housing toolbox.  Staff requests that Council consider that language acceptable.

 

 

Jerry Nabours, attorney representing the applicant, stated that the developer has agreed that the interior streets in the development will be dedicated public streets, meeting all the City’s requirements for public streets, rather than the originally planned private streets.

 

 

Mr. Nabours explained some changes made to the preliminary plat, which address concerns regarding a dead-end with garbage and recycling truck accessibility issues.  One lot was lost as a result of the reconfiguration.

 

 

The motion to read Resolution No. 2006-03 passed on unanimous vote.

 

 

A discussion ensued as to whether the development agreement was presented in its final form or needed additional adjustments.

 

 

Councilmember Haughey withdrew his motion to read, seconded by Councilmember Silva.

 

 

The Council took action on Agenda Items 10A, 10B, 10C, 10D and 10E later in the meeting.

 

 

9.       PUBLIC HEARINGS

 

 

A.

Consideration of Liquor License Application:  Omar Castro, “Pizza by George”, 2116 E. Route 66, Series 12, New License.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

 

(1)

Forward the application to the State with a recommendation for approval.

 

 

 

(2)

Forward the application to the State with no recommendation.

 

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

 

Councilmember Haughey moved to open the public hearing, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

 

Margie Brown, City Clerk, stated that all future liquor license applications would be placed on the Council’s meeting agenda in order to facilitate a public hearing for each.

 

 

Sgt. Ed Vesely, Flagstaff Police Department, gave a brief presentation and recommended the application be forwarded to the State with a recommendation for approval.

 

 

Councilmember Haughey moved to close the public hearing.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

 

Councilmember Kelty moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

 

B.

Consideration of Liquor License Application:  John Schlieper, “Target #0935”, 1650 S. Milton Road, Series 10, New License.

 

 

 

RECOMMENDED ACTION:

Open the public hearing.

Receive citizen input.

Close the public hearing.

 

The City Council has the option to:

 

 

 

(1)

Forward the application to the State with a recommendation for approval.

 

 

 

(2)

Forward the application to the State with no recommendation.

 

 

 

(3)

Forward the application to the State with a recommendation for denial based on the testimony received at the public hearing and/or other factors.

 

 

Councilmember Haughey moved to open the public hearing, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

 

Nicholas Cotella, attorney for Target Corporation, presented a brief overview of the number of liquor licenses Target currently has in Arizona, and stated that they have had no liquor violations with any of their licenses.

 

 

Sgt. Ed Vesely, Flagstaff Police Department, gave a brief presentation and recommended the application be forwarded to the State with a recommendation for approval.

 

 

Councilmember Haughey moved to close the public hearing.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

 

Councilmember Haughey moved to forward the application to the State with a recommendation for approval, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

 

Return to Regular Agenda Order

 

 

6.       CONSENT – GENERAL

 

 

A.

Consideration of Payment of Claims Expenses:  Salar versus City of Flagstaff.

 

 

 

RECOMMENDED ACTION:

Authorize payments not to exceed a total of $25,000.00.

 

 

Deputy City Manager Jim Wine gave a brief introduction regarding the payment request.

 

 

Councilmember Haughey moved to approve the recommended action, seconded by Councilmember Kelty.  The motion passed on unanimous vote.

 

 

B.

Consideration of Sole Source Payment:  Warranty and maintenance of City Hall and Jay Lively Ice Rink chillers.

 

 

 

RECOMMENDED ACTION:

Approve payment to York International Corporation of $17,300.00, plus applicable sales tax.

 

 

Ernie Negroni, Purchasing Director, highlighted the details of the sole source payment.

 

 

Councilmember Cooper moved to approve the recommended action.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

 

7.      CONSENT – CONTRACTUAL

 

 

A.

Consideration of Bids:  Self-contained breathing apparatus and accessories for the Fire Department.

 

 

 

RECOMMENDED ACTION:

Approve the bid from Municipal Energy Services, Inc., for a three-year period at the prices and conditions outlined in the staff summary attachment.

 

 

Ernie Negroni, Purchasing Director, provided a brief description of the purchase, and clarified the name of the company as Municipal Emergency Services, Inc., not Municipal Energy Services, Inc.

 

 

Councilmember Silva moved to accept the recommended action, seconded by Councilmember Cooper.  The vote was unanimous in favor.

 

 

B.

Consideration of Bids:  Construction management services for wastewater plant improvements project.

 

 

 

RECOMMENDED ACTION:

Reject all proposals received.

 

 

Paul Raczkowski, Utilities Department, briefly explained the reasons behind the request to reject all proposals.

 

 

Councilmember Kelty moved to reject all proposals received.  The motion was seconded by Councilmember Silva and passed on unanimous vote.

 

 

C.

Consideration of Architectural Services Contract:  Lake Mary water treatment plant remodel.

 

 

 

RECOMMENDED ACTION:

Approve the contract with Barclay-Smith Architects, Inc., in the amount of $28,000.00 with a contract time of 120 days; and authorize the City Manager to execute the necessary documents.

 

 

Randy Pellatz, Utilities Department, provided a brief description of the action.

 

 

Councilmember Silva moved to approve the recommended action, seconded by Councilmember Cooper.  The vote was unanimous in favor.

 

 

D.

Consideration of Service Agreement:  Business needs assessment for IT operations.

 

 

 

RECOMMENDED ACTION:

Approve the agreement with Sungard H.T.E. in the amount of $15,000.00, plus travel expenses, and authorize the City Manager to execute the necessary documents.

 

 

Councilmember Silva moved to accept the recommended action, seconded by Councilmember Kelty.

 

Mary Jo Jenkins, Finance Director, requested that the Council table the item until January 17, 2006, in order to make adjustments to the service agreement.

 

 

Councilmember Cooper moved to table until January 17, 2006, seconded by Councilmember Silva.  The motion passed on unanimous vote.

 

 

E.

Consideration of Intergovernmental Agreement:  Election services for the March 14, 2006 Primary Election and the May 16, 2006 General Election.

 

 

 

RECOMMENDED ACTION:

Approve the intergovernmental agreement with the Coconino County Recorder’s Office at a cost of $1.50 per registered voter, plus actual costs incurred for outreach and other administrative services.

 

 

Councilmember Silva moved to approve the recommended action, seconded by Councilmember Cooper.

 

 

Margie Brown, City Clerk, gave a quick background on the need for the intergovernmental agreement.

 

 

The motion passed on unanimous vote.

 

 

8.      BOARDS AND COMMISSIONS

 

 

A.

Consideration of Appointments:  Planning and Zoning Commission.

 

 

 

RECOMMENDED ACTION:

Discuss in Executive Session and, at the Council meeting, make two appointments to terms expiring December, 2008.

 

 

Councilmember Cooper moved to reappoint Tim Cunningham and appoint Celia Barotz to terms expiring December of 2008, seconded by Councilmember Kelty.  The motion passed on majority vote with Mayor Donaldson and Councilmembers Cooper, Kelty and Silva voting in favor, and Councilmember Haughey opposed.

 

 

B.

Consideration of PC SUB 05-020:  A request for tentative plat approval from Yale PlazaL.L.C. for Yale Plaza Professional Office and Retail Center, a four-lot commercial subdivision on 2.4 acres located at 1501 East Yale Street in the C3-E, Highway Commercial District Established.

 

 

 

RECOMMENDED ACTION:

The Planning and Zoning Commission recommends approving the tentative plat with the conditions outlined in the staff summary attachment, and authorizing the Mayor to sign the final plat and City/Subdivider Agreement when notified by the Development Review Board that all conditions have been met and documents are ready for recording.

 

 

Neil Gullickson, Development Services Division, gave a brief overview of the project.

 

 

Councilmember Kelty moved to approve the recommended action, seconded by Councilmember Cooper.  The motion passed on unanimous vote.

 

 

Items Taken Out of Sequence

 

 

10.     ORDINANCES AND RESOLUTIONS

 

 

F.

Consideration of Ordinance No. 2006-01:  An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Uniform Fire Code, 1997 Edition, for the City of Flagstaff and establishing requirements for subdivision of existing, unsubdivided structures.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2006-01 for the first time by title only.

 

 

Councilmember Silva moved to read Ordinance No. 2006-01 for the first time by title only, seconded by Councilmember Haughey.

 

 

Jim Wheeler, Fire Marshal, and Ed Larsen, Building Official, gave brief presentations on the proposed amendment.

 

 

The vote was unanimous in favor and title was read as follows:

 

 

 

Ordinance No. 2006-01

 

 

 

 

An ordinance of the City Council of the City of Flagstaff, Arizona, amending the Uniform Fire Code, 1997 Edition, for the City of Flagstaff and establishing requirements for subdivision of existing, unsubdivided structures.

 

 

 

H.

Consideration of Resolution No. 2006-04:  A resolution granting an access easement to the Guidance Center, Inc. (“Guidance Center.”)

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-04 by title only.

Adopt Resolution No. 2006-04.

 

 

Councilmember Kelty moved to read Resolution No. 2006-04 by title only, seconded by Councilmember Cooper.

 

 

Denny Birkland, Real Estate Manager, provided an overview of the requested easement.

 

 

The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No. 2006-04

 

 

 

 

A resolution granting an access easement to the Guidance Center, Inc. (“Guidance Center.”)

 

 

 

Councilmember Haughey moved to adopt Resolution No. 2006-04, seconded by Councilmember Kelty.  The vote was unanimous in favor.

 

 

I.

Consideration of Resolution No. 2006-06:  A resolution authorizing the City of Flagstaff, Arizona to settle its claims against JP Morgan Chase & Co. and others for a portion of the City’s losses with the Local Government Investment Pool resulting from the collapse of National Century Financial Enterprises and declaring an emergency.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-06 by title only.

Adopt Resolution No. 2006-06.

 

Councilmember Haughey moved to read Resolution No. 2006-06 by title only, seconded by Councilmember Kelty.

 

 

Dana Kjellgren, Assistant City Attorney, summarized the details of the actions.

 

 

The motion passed on unanimous vote and title was read as follows:

 

 

 

Resolution No. 2006-06

 

 

 

 

A resolution authorizing the City of Flagstaff, Arizona to settle its claims against JP Morgan Chase & Co. and others for a portion of the City’s losses with the Local Government Investment Pool resulting from the collapse of National Century Financial Enterprises and declaring an emergency.

 

 

 

Councilmember Kelty moved to adopt Resolution No. 2006-06.  The motion was seconded by Councilmember Cooper and passed on unanimous vote.

 

 

Return to Regular Agenda Order

 

 

A.

Consideration of Resolution No. 2006-03:  A resolution approving a pre-annexation and development agreement between Big Corner, LLC and the City of Flagstaff, Arizona.

 

 

 

RECOMMENDED ACTION:

Read Resolution No. 2006-03 by title only.

Adopt Resolution No. 2006-03.

 

 

Councilmember Haughey moved to read Resolution No. 2006-03 by title only, seconded by Councilmember Kelty.

 

 

Harry Lane, Assistant City Attorney, proposed the following amendments to the pre-annexation and development agreement as follows:

 

 

 

B.

The Developer desires and intends to develop Parcel A as a single family detached subdivision containing a maximum of twenty-five (25) twenty-two ( 22) lots (the “Project”) pursuant to the terms and conditions of this Agreement and subject to all applicable City ordinances, regulations, and resolutions, as provided in this Agreement. The Developer intends to sell Parcel B to the City for purposes of creating work force housing, all as further set forth below.

 

 

 

G.

The City and the Developer are entering into this Agreement pursuant to the provisions of Arizona Revised Statutes (“A.R.S”) § 9-471 (pertaining to annexation) and A.R.S. § 9-500.05 (pertaining to development agreements) in order to facilitate the annexation, proper municipal zoning designation, and development of the Property by providing for, among other things: (1) conditions, terms, restrictions, and requirements for annexation of the Annexation Parcels into the City; (2) the permitted uses for the Property; (3) the density and intensity of such uses; and (4) other matters related to development of the Property as depicted in the concept plan for the Schultz Pass Meadows Subdivision (“Concept Plan”).  A copy of the Concept Plan for Parcel A is attached to this Agreement as Exhibit C.

 

 

 

4.1

The current Coconino County zoning for both Parcel A and Parcel B is CG 10,000 (General Commercial). The City has previously held public meetings on the Zoning Amendment and has fully complied with all other requirements of A.R.S. § 9-462.04 and Section 10-10-004-0007 of the Land Development Code necessary to adopt municipal zoning for the Property, upon annexation as provided in the Zoning Ordinance. The City and the Developer acknowledge that A.R.S. § 9-471(L) requires that the City initially zone annexed lands for densities and land uses no greater than the previously existing county zoning for such lands, and the City has determined that the zoning designation under the Land Development Code most comparable to the CG 10,000 designation is UC, Urban Commercial.  After the Zoning Annexation Ordinance has become final, Parcel A and Parcel B shall be zoned UC, Urban Commercial. However, upon adoption of the Zoning Ordinance, the zoning for Parcel A shall change to R1, Residential District and Parcel B shall change to MR, Medium Density Residential District.

 

 

 

7.

Project Description.  The Project as contemplated by this Agreement with respect to Parcel A and as illustrated or referenced in the Concept Plan shall consist of a single family detached subdivision containing a maximum of twenty-five (25) twenty-two (22)lots.  Lots 7-15 16 to be developed on Parcel A shall be limited to single storey structures, and this limitation shall appear both as a notation on the final plat for the Project and as restrictions recorded against each individual lot with the recording of the final plat.

 

 

 

8.1

Street and Roads.  Schultz Pass Road adjacent to Parcel B shall be built to City standards with 5’ sidewalks, curb and gutter and 5’ parkways adjacent to Parcel BThe Developer shall dedicate Schultz Road to the City upon recordation of the final plat.  All interior roads within the subdivision shall be built to City standards for vertical/horizontal street width design. The Developer’s Highway 180 improvements shall include curb and gutter, 10’ parkway and sidewalks a minimum of 5’, where such improvements do not already exist.  All interior roads within the subdivision shall be open to the public without restriction or condition.  Gates, guardhouses, or other devices or structures may not be used on any street within the subdivision to impede access in contravention of this provision.

 

 

 

8.2.1

Offsite Water Requirements. The Developer shall construct a looped water system for the Project by extending the existing 8” line in Fort Valley Road (as shown in the appendix of the Water and Sewer Impact Analysis) west to the northwestern edge of the development.  To complete the loop the Developer shall bore under Fort Valley road to connect to the existing 8” PVC main in Lois Lane.  As an alternative, the Developer may bore under Fort Valley road to connect to the existing 12” main in Fremont Boulevard.  The Developer shall construct a public utility easement and a second tie in to the water system in the Cheshire Subdivision prior to any building permits being issued to the Developer.

 

 

 

8.2.3

The Developer shall dedicate a tract of land (20’ wide minimum) along the northern boundary of the Property to the City of Flagstaff to allow for a public utility easement and future accessibility to the proposed water and sewer lines running within this Project.

 

 

 

8.2.4 3

The Developer shall abandon and seal the existing water well on Parcel B per Arizona Department of Health Services Bulletin Number 10, or other applicable regulations.  The well shall be sealed byrestoring the controlling geological conditions, which existed before the well was drilled.  An acceptable alternative is to completely fill the existing well with concrete.

 

 

8.2.5 4

The onsite sewer line to be constructed by the Developer that runs from the north edge of the Property to Fort Valley Road shall be an 8” line. The proposed public sewer system shall be designed for gravity flow, except where impossible due to the EPNG transmission line.

 

 

 

8.3

Screen Wall and Landscape Plan. The Developer shall construct a screen wall along the west side of Lot 17 22 and between the backsides of along lots 17-25 16-22 to screen the backs of these lots from view from Ft. Valley Road. The wall shall be 6’ tall, veneered with native malapai rock and will be modulated approximately as depicted on the “Conceptual Landscape Plan for Shultz Pass meadows Parcel A” dated 5-23-05 and prepared by Linda Henden, ASLA, Landscape Consultant.  The Developer shall prepare a colored elevation and landscaping plan for Parcel A designed by an Arizona registered landscape architect to be submitted with the Developer’s tentative plat.

 

 

 

10.

Sale of Parcel B to City.  The Developer agrees to sell and convey and the City agrees to purchase Parcel B, as set forth herein. Parcel B  is also referred to as APN 111-02-001C and consists of an area of 133,516.59 square feet. The purchase price for Parcel B shall be $140,200.00, payable within six (6) months after the effective date of this Agreement.  This price includes an easement for the benefit of El Paso Natural Gas that may not be built upon.

 

 

 

 

Public improvements adjacent to the El Paso Natural Gas Transmission main Parcel B along Shultz Pass Road and State Highway 180 will be provided by the Developer and reimbursed by the City at cost. This includes curb, gutter and five (5) foot sidewalk with a ten (10) foot parkway along Highway 180 and a five (5) foot sidewalk along Schultz Pass Road with a five (5) foot parkway.  Public improvements internal to Parcel B will be provided by the Developer and reimbursed by the City at cost. These internal improvements will include public sewer and water along with telephone, power and natural gas.  The Developer shall be responsible to properly abandon the existing well at Shultz Pass and Highway 180, as further described in Section 8.2.4 3.  The City shall reimburse the Developer for engineering, surveying and testing expenses particular to the improvements on or adjacent to Parcel B.

 

 

 

 

The City will reimburse the Developer for one-half the cost of bringing the water lines under Highway 180 and under Schultz Pass Road.

 

 

 

 

The City and the Developer shall open an escrow account at a mutually agreeable title company promptly after the Developer has (i) public improvement construction drawings approved by the City, (ii) a signed contract with a licensed contractor and (iii) the final plat is recorded.  Prior to closing, the The City shall fund the escrow account for the amount of the City’s share of public improvements.  Funds will be released when construction of the Project is completed.  The City shall authorize release of ninety percent (90%) of the escrowed funds when construction of the improvements is completed, and the City shall authorize release of the remainder of the funds upon acceptance of the construction by the City. 

 

 

Councilmember Kelty moved to amend the development agreement with the changes read into the record by Assistant City Attorney Harry Lane, as well as to accept the new concept plan.  The motion was seconded by Councilmember Haughey and passed on unanimous vote.  Title was read as follows:

 

 

Resolution No. 2006-03

 

 

 

 

A resolution approving a pre-annexation and development agreement between Big Corner, LLC and the City of Flagstaff, Arizona.

 

 

 

Councilmember Kelty moved to adopt Resolution No. 2006-03, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

 

B.

Consideration of Ordinance No. 2005-27:  An ordinance extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and amendments thereto, by annexing certain territory totaling approximately 11 acres consisting of 1 acre of roadway, a 6.78 acre parcel of land and a 3.06 acre parcel of land at 3400 North Fort Valley Road, which territory is contiguous to the existing corporate limits of the City of Flagstaff and establishing city zoning for said land as UC, Urban Commercial District.

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2005-27 for the final time by title only.

Adopt Ordinance No. 2005-27.

 

 

Councilmember Haughey moved to read Ordinance No. 2005-27 for the final time by title only.  The motion was seconded by Councilmember Silva and passed on unanimous vote.  Title was read as follows:

 

 

 

Ordinance No. 2005-27

 

 

 

 

An ordinance extending and increasing the corporate limits of the City of Flagstaff, Coconino County, State of Arizona, pursuant to the provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and amendments thereto, by annexing certain territory totaling approximately 11 acres consisting of 1 acre of roadway, a 6.78 acre parcel of land and a 3.06 acre parcel of land at 3400 North Fort Valley Road, which territory is contiguous to the existing corporate limits of the City of Flagstaff and establishing city zoning for said land as UC, Urban Commercial District.

 

 

 

Councilmember Haughey moved to adopt Ordinance No. 2005-27, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

 

C.

Consideration of Resolution No. 2005-125:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan (“Regional Plan”) to expand the Urban Growth Boundary by amending Map 3 of the Regional Plan and Map 4 of the City of Flagstaff Land Use Plan with respect to approximately 9.84 acres of land at 3400 North Fort Valley Road.

 

 

 

RECOMMENDED ACTION:

Adopt Resolution No. 2005-125.

 

 

Councilmember Silva moved to adopt Resolution No. 2005-125, seconded by Councilmember Haughey.  The motion passed on unanimous vote.

 

 

D.

Consideration of Resolution No. 2005-124:  A resolution amending the Flagstaff Area Regional Land Use and Transportation Plan by amending the Plan to redesignate a certain parcel of land of approximately 6.78 acres from Rural Open Space to Low Density Residential Designation and a certain parcel of land of approximately 3.06 acres from Neighborhood Commercial to medium Density Residential Designation at 3400 North Fort Valley Road.

 

 

 

RECOMMENDED ACTION:

Adopt Resolution No. 2005-124.

 

 

Councilmember Silva moved to adopt Resolution No. 2005-124, seconded by Councilmember Haughey.  The motion passed on majority vote with Mayor Donaldson and Councilmembers Haughey, Kelty and Silva voting in favor, and Councilmember Cooper opposed.

 

 

E.

Consideration of Ordinance No. 2005-28:  An ordinance rezoning two parcels of land totaling approximately 9.84 acres at 3400 North Fort Valley Road from UC, Urban Commercial District, to R1, Residential District for Parcel A (6.78 acre) and to MR, Medium Density Residential District for Parcel B (3.06 acres).

 

 

 

RECOMMENDED ACTION:

Read Ordinance No. 2005-28 for the final time by title only.

Adopt Ordinance No. 2005-28.

 

 

Councilmember Silva moved to read Ordinance No. 2005-28 for the final time by title only, seconded by Councilmember Haughey.

 

 

Staff was instructed to conform the language in the ordinances to be consistent with the changes made earlier in the evening to the development agreement.

 

 

Councilmember Haughey moved to amend the ordinance to be consistent with the development agreement amended earlier.

 

 

Councilmember Kelty moved to table the item until January 17, 2006, seconded by Councilmember Silva.  The vote was unanimous in favor.

 

 

11.     OTHER BUSINESS

 

 

(No items were submitted.)

 

 

12.    INFORMATIONAL ITEMS TO OR FROM MAYOR, COUNCIL OR CITY MANAGER.

 

 

Councilmembers made the following requests of staff to:

 

 

 

·    

Look into the feasibility of creating a wireless network for the City of Flagstaff.

 

 

·    

Consider whether a wireless network is really what is needed, in light of the pending cable negotiations.

 

 

·    

Consider scheduling Council meetings at 4:00 p.m. when they follow a Monday holiday.

 

 

·    

Look into finding another provider of day care for adults, as the Foundation for Senior Living will no longer be able to address this need; and to consider providing space for such a program in the expanded Adult Center.

 

 

13.    ADJOURNMENT

 

 

There being no further business to come before the Council, the Meeting was adjourned at 9:26 P.M.

 

 

                                                                         

MAYOR

 

 

ATTEST:

                                                                           

CITY CLERK

 

 

 

CERTIFICATION

 

 

STATE OF ARIZONA,

 

Coconino County.

)

)

)

 

 

ss.

 

I, MARGIE BROWN, do hereby certify that I am the City Clerk of the City of Flagstaff, County of Coconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting of the Council of the City of Flagstaff held on January 3, 2006.  I further certify that the Meeting was duly called and held and that a quorum was present.

 

DATED this 8th day of February, 2006.

 

 

                                                                         

CITY CLERK